Ramsay Health Care Australia Pty Ltd

[2014] FWCA 8069

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Ramsay Health Care Australia Pty Ltd

(AG2014/9783)

RAMSAY HEALTH CARE AUSTRALIA PTY LTD (RAMSAY HEALTH

CARE), CLERICAL EMPLOYEES AND THE AUSTRALIAN

MUNICIPAL, ADMINISTRATIVE, CLERICAL AND SERVICES

UNION, ENTERPRISE AGREEMENT, QUEENSLAND 2014 - 2018

Health and welfare services

COMMISSIONER SIMPSON

BRISBANE, 24 NOVEMBER 2014

Application for approval of the Ramsay Health Care Australia Pty Ltd (Ramsay Health Care),
Clerical Employees and the Australian Municipal, Administrative, Clerical and Services

Union, Enterprise Agreement, Queensland 2014 - 2018.

[1] An application has been made for approval of an enterprise agreement known as the

Ramsay Health Care Australia Pty Ltd (Ramsay Health Care), Clerical Employees and the Australian Municipal, Administrative, Clerical and Services Union, Enterprise Agreement,

Queensland 2014 - 2018 (the Agreement). The application was made pursuant to s.185 of the

Fair Work Act 2009 (the Act). It has been made by Ramsay Health Care Australia Pty Ltd.
The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are

relevant to this application for approval have been met.

[3] The Australian Municipal, Administrative, Clerical and Services Union being a bargaining representative for the Agreement, have given notice under s.183 of the Act that they want the Agreement to cover them. In accordance with s.201(2) of the Act, I note that the Agreement covers this organisation.

[4] The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

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[2014] FWCA 8069

CaseChat Overview and Summary

Ramsay Health Care Australia Pty Ltd applied for approval of a single enterprise agreement with the Australian Municipal, Administrative, Clerical and Services Union, covering the period 2014-2018. The application was made under section 185 of the Fair Work Act 2009. The agreement in question was submitted for the approval of the Fair Work Commission. The legal issues before the court involved determining whether the application met all the requirements of sections 186, 187, and 188 of the Fair Work Act 2009, and whether the Australian Municipal, Administrative, Clerical and Services Union, as the bargaining representative, had correctly notified their intention for the agreement to cover them under section 183 of the Act.

The Commissioner found that all the requirements of sections 186, 187, and 188 of the Fair Work Act 2009 relevant to the application had been met. The Australian Municipal, Administrative, Clerical and Services Union had indeed given notice under section 183 of the Act that they wanted the agreement to cover them, which was in accordance with section 201(2) of the Act. The Commissioner noted that the agreement covered this organisation. The agreement was approved and would operate in accordance with section 54 of the Act. The Commissioner concluded that the application for approval of the enterprise agreement was valid and met all statutory requirements.

The final orders of the court were that the Ramsay Health Care Australia Pty Ltd (Ramsay Health Care), Clerical Employees and the Australian Municipal, Administrative, Clerical and Services Union, Enterprise Agreement, Queensland 2014 - 2018 was approved and would operate in accordance with section 54 of the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established